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As you prepare your company’s Form 10-K this year, you will have to consider incorporating changes required by the SEC’s Disclosure Update and Simplification Final Rule as well as deal with complex, emerging disclosure questions surrounding cybersecurity risks and the impact of Brexit, among others.
Please join our SEC Institute workshop leaders Cheryl L. Linthicum and George M. Wilson as they discuss these and other key issues to address ...

In 2016, the Delaware Chancery Court upended M&A litigation when it held in Trulia that it would no longer approve so-called “disclosure-only” settlements of M&A strike suits. In response to Trulia, the plaintiffs’ bar began filing M&A strike suits in federal courts all over the country. Over the last few years, however, it has become clear that the plaintiffs’ bar strategy backfired, as federal courts ...

This Briefing about preliminary injunction (“PI”) motions in trademark infringement cases will provide an update on the law, along with practice pointers.
Formerly, PI motions were the prevailing method of judging trademark infringement. That procedure is now under a cloud that has proved a major problem for plaintiffs. As the result of relatively recent Supreme Court precedent, plaintiff-movants for PIs must independently prove ...

Globalization has enabled national governments to expand the scope of their traditionally political and diplomatic activities into the commercial sphere. As a result of such phenomena as state-controlled enterprises playing major roles in the international energy or financial sectors, legal systems across the globe have increasingly recognized that where foreign governments act as private entities, they should be treated as such to at least ...

Antitrust has become a political hot topic, entering the public consciousness unlike has been seen in decades, both in the U.S. and globally. This trend, along with several pending enforcement actions, means that 2019 is set to be yet another blockbuster year for antitrust and competition enforcement.
In this Briefing, antitrust experts, M. Howard Morse and Megan Browdie of Cooley LLP will preview what you need to know, including:
Current ...

The European Union’s GDPR privacy law came into force in May, bringing with it the highly-publicized maximum penalty of 4% of worldwide turnover. But what, really, are the likely damages, penalties and collective claim procedures for employment-context data law violations in UK and Europe? Now we have some answers. In October, the UK Court of Appeal issued the Wm. Morrison Supermarkets decision, expanding employer “vicarious liability” ...

Globalization has enabled national governments to expand the scope of their traditionally political and diplomatic activities into the commercial sphere. As a result of such phenomena as state-controlled enterprises playing major roles in the international energy or financial sectors, legal systems across the globe have increasingly recognized that where foreign governments act as private entities, they should be treated as such to at least ...

A winning strategy in arbitration requires an advocate to take different approaches to process, substance, and tactics in preparing and presenting a case than the advocate would take in court. This One-Hour Briefing by arbitrators who also were advocates provides critical advice that will enable counsel to maximize the benefits of arbitration. Expert faculty discussion will include:
Privacy and Confidentiality
Pleadings
Preliminary ...

Legal data analytic tools are now available for insurance litigation in federal courts. Data analytics can help insurance practitioners identify and understand trends in insurance litigation and develop winning strategies for their clients, whether they are insurers or insureds. In this One-Hour Briefing, Ronald C. Porter of Lex Machina will demonstrate how the use of legal data analytics can help practitioners develop winning litigation ...

California is the first state in the country to mandate gender diversity on the boards of companies doing business in the state, but there are many questions that accompany this development. Please join speakers associated with DirectWomen, an organization dedicated to preparing women attorneys to sit on corporate boards as they consider:
Is this a good idea?
Is it legal?
How will it impact board searches?
Is there ...

When a crime occurs on a business’s premises, whether it involves the healthcare, hospitality, or transportation industries, a criminal investigation takes place, which can potentially result in a prosecution. What is more rarely discussed is how to defend the civil lawsuit that is often commenced by the victim of the crime against the business where the crime occurred.
Please join James W. Kachadoorian and Sean B. Maraynes from ...

On May 8, 2018, the President announced his decision to withdraw from the Joint Comprehensive Plan of Action (the “JCPOA”, also known as the Iran nuclear deal), and to begin re-imposing, following a wind-down period, the U.S. nuclear-related sanctions against Iran that had previously been lifted. Importantly, this action mostly involves “secondary” sanctions – actions that the U.S. may take against foreign persons ...

In light of recent high-profile cybersecurity breaches in the healthcare industry, post-market medical device cybersecurity is becoming increasingly important to all entities in the medical device ecosystem. Leading FDA and cybersecurity lawyers at Debevoise & Plimpton LLP will present an overview of legal, regulatory, and commercial issues associated with medical device cybersecurity, including recommendations for implementing coordinated ...

There is a national severe shortage of transplantable organs, and it is has never been more important that every person involved in the process of organ donation and transplantation, from the attorneys advising potential donors as they draft their estate planning documents or sign up on a donor registry, to hospital counsel, ethicists, medical staff and policy-makers, to understand the legal nature of the gift. The Briefing will provide ...

What is intellectual property management and how can objectives in intellectual property management be met? Presented in cooperation with ACC, this presentation will include a panel of seasoned legal operations and legal consulting professionals who will discuss:
· The benefits of portfolio rationalization
· The utilization of preferred providers ...

This Briefing focuses on typical obstacles facing U.S. entrepreneurs when doing business in the EU. The speakers, experienced IP and marketing law experts in Germany and Sweden, will address mandatory requirements for branding products and product marking as well as advertising and selling online and using influencers. The speakers will:
Offer practical tips to minimize legal risks
Address the challenges faced when doing cross-border business ...

California has long been a laboratory for innovative privacy legislation, and there were many new experiments in 2018 and 2019. W. Reece Hirsch, co-head of Morgan, Lewis & Bockius LLP’s Privacy and Cybersecurity practice and editor of Bloomberg Law’s California Privacy Profile, reviews some of the latest developments, including:
· The continuing evolution of the CCPA, including ...

The U.S. Securities and Exchange Commission ramped up its cybersecurity enforcement efforts in 2018 with a number of “firsts.” In early 2018, the full commission issued updated cybersecurity guidance to its public companies telling them to bolster their disclosures of cybersecurity risk factors and improve data security disclosures. A few months later, the SEC pursued its first-ever cybersecurity enforcement action against ...

This Video One-Hour Briefing will help you effectively deal with current issues and the most challenging disclosures in MD&A. The discussion will also include several ideas and tips to improve your MD&A and the related drafting process.
Please join our discussion leaders Robert Laux and George M. Wilson, both Directors at PLI’s SEC Institute, as they review the key issues to address in the 2018 annual MD&A and 2019 quarterly ...

Sophisticated financial and strategic buyers are becoming ever more aware of the importance of compliance-related due diligence in cross-border M&A transactions, especially where FCPA/anticorruption risk may be at issue. The DOJ and SEC have emphasized the responsibility of buyers to perform adequate diligence and significant FCPA-related fines and penalties arising in the wake of corporate acquisitions show the importance of adequately ...

Life-sciences companies frequently must determine what (if anything) to disclose about key developments in clinical trials or the Food and Drug Administration’s (“FDA”) review process. Determining what to disclose requires great nuance, especially because disclosure may be required even when a company has only incomplete information. This Briefing will provide best practices for life-sciences companies to reduce litigation risk -- ...

Multidistrict litigation continues to grow in significance. Estimates show that nearly half of all civil cases in the federal courts are consolidated in MDL proceedings. Recently, however, there have been significant criticisms of MDL litigation and accompanying proposals for reform. Critics maintain that aggregation in MDL proceedings only provides an incentive for the filing of meritless claims and that courts frequently fail to ...

The number of women service members and veterans is at an all-time high, with continued growth expected. Yet women service members continue to face serious challenges in service: 1 in 4 experience sexual assault or sexual harassment (known as “military sexual trauma” or “MST”).
Women veterans who experienced MST are more likely to suffer adverse outcomes such as mental health conditions, substance use, discharge from the ...